C.Utharaikumari vs The District Collector,

Court
Madras High Court

WP No. 43495 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-10-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
AND
THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR
WP Nos. 43495 & 43499 of 2026
CNR:{HCMA012561312026}
& WMP No. 48810 of 2026
1. C.Utharaikumari
2. C.Surendran
3. S.Nithya
4. C.Sudhakar
5. S.Hema
6. R.Subhashini
..Petitioner(s)
Vs
1. The District Collector,
First Floor, Collectorate,
Tiruvallur – 602 001.
2. The District Revenue Officer (DRO),
Collectorate of Tiruvallur, Tiruvallur – 602 001.
3. The Sub Collector/Revenue Divisional Officer,
Revenue Division Office, Ponneri,
Tiruvallur – 601 204.
4. The Tahsildar,
Ponneri Taluk, Ponneri,
Tiruvallur - 601204.
5. The Head Surveyor,
Office of Ponneri Taluk,
Ponneri, Tiruvallur – 601 204.
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WP No. 43495 of 2026
6. Revenue Inspector,
Redhills Firka,
Redhills, Chennai – 600 052.
..Respondent(s)
WP No. 43499 of 2026
CNR:{HCMA012561322026}
1. C. Utharaikumari
2. C.Surendran
3. S.Nithya
4. C.Sudhakar,
5. S.Hema
6. R.Subhashini
..Petitioner(s)
Vs
1. The District Collector,
First Floor, Collectorate,
Tiruvallur – 602001.
2. The District Revenue Officer (DRO),
Collectorate of Tiruvallur,
Tiruvallur - 602001.
3. The Sub Collector/Revenue Divisional Officer,
Revenue Division Office, Ponneri,
Tiruvallur - 601204.
4. The Tahsildar,
Ponneri Taluk, ponneri,
Tiruvallur - 601204.
5. The Head Surveyor,
office of Ponneri taluk,
Ponneri, Tiruvallur – 601 204.
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WP No. 43495 of 2026
6. Revenue Inspector,
Redhills Firka,
Redhills, chennai - 600052.
..Respondent(s)
Prayer in WP/43495/2026: The Writ Petition is filed under Section 226 of the
Constitution of India, seeking for a Writ of Certiorarified Mandamus calling for
st
the records of the 1 respondent in proceedings Na.Ka.No.21647611/2026/A3
dated 14.08.2026 and to quash the portion of the said proceedings directing the
th
4 respondent to remove a portion of ‘Tile House’ godown of the petitioners
allegedly encroaching upon survey No.93/3B, Lyongrand Village, Ponneri
Taluk, Tiruvallur District.
Prayer in WP/43499/2026: The Writ Petition is filed under Section 226 of the
Constitution of India, seeking for a Writ of Certiorarified Mandamus calling for
th
the records of the 4 respondent in notice Na.Ka.No.3161/2025/A3 dated
15.10.2026 and to quash the said notice informing the petitioners that on the
morning of 23.10.2026 at 10.00 AM, the respondents (Revenue Authorities) in
the presence of the Police Department, are schedule to remove a portion of ‘Tile
House’ godown of the petitioners allegedly encroaching upon survey No.93/3B,
Lyongrand Village, Ponneri Taluk, Tiruvallur District.
For Petitioner(s): Ms.L.Leela Raman
For Respondent(s): Mr. K. Surendar,
Special Government Pleader
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WP No. 43495 of 2026
COMMON ORDER
(Order of the Court was made by Sunder Mohan J.)
The WP.No.43495/2026 challenges the order dated 14.08.2026 passed in
Na.Ka.No.21647611/2026/A3 insofar as it directs the petitioner to vacate the
godown situated at S.No.93/3B measuring to an extent of 0.03.78 hectares.
Pursuant to the impugned order in W.P.No.43495/2026, an eviction notice has
been issued, which is challenged in W.P.No.43499/2026. Hence, the following
common order is passed.
2.The learned counsel for the petitioner would submit that by the
impugned order, the first respondent had directed the authorities concerned to
examine whether the land compromised in S.No.93/2A falls in Government
poromboke land and take action accordingly. However, the first respondent had
observed that the petitioner is in illegal occupation of S.No.93/3B and had
directed eviction without following the procedure provided under Tamil Nadu
Land Encroachment Act, 1905.
3.The learned Special Government Pleader fairly concedes that the order
in respect of S.No.93/3B directing the petitioner to vacate cannot be justified,
since the procedure contemplated under the Act has not been followed.
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WP No. 43495 of 2026
4.There is no challenge to the other portions of the impugned order.
5.In view of the submissions made on either side, the portion of the
impugned order insofar it directs the petitioner to vacate from land in
S.No.93/3B is set aside with liberty to the respondent to take action in
accordance with the procedure contemplated under Tamil Nadu Land
Encroachment Act, 1905. It is needless to say that before taking any further
action, the respondents shall conduct a survey of the said land, demarcate it and
then proceed.
6.Accordingly, the Writ Petitions are partly allowed.
(S.M.,J.) (G.K.M.,J.)
23-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
TSG
To
1. The District Collector,
First Floor, Collectorate,
Tiruvallur – 602 001.
2. The District Revenue Officer (DRO),
Collectorate of Tiruvallur, Tiruvallur – 602 001.
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WP No. 43495 of 2026
3. The Sub Collector/Revenue Divisional Officer,
Revenue Division Office, Ponneri,
Tiruvallur – 601 204.
4. The Tahsildar,
Ponneri Taluk, Ponneri,
Tiruvallur - 601204.
5. The Head Surveyor,
Office of Ponneri Taluk,
Ponneri, Tiruvallur – 601 204.
6. Revenue Inspector,
Redhills Firka,
Redhills, Chennai – 600 052.
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WP No. 43495 of 2026
SUNDER MOHAN J.
AND
GK.MUTHUKUMAAR J.
TSG
WP Nos. 43495 & 43499 of 2026
& WMP No. 48810 of 2026
23-10-2026
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